What Quichocho must prove in his counterclaim vs Kim

The nine jurors again failed to reach a verdict yesterday, the third day of their deliberations in the ongoing jury trial in federal court of businesswoman Jung Ja Kim’s racketeering lawsuit against attorney Ramon K. Quichocho, his wife Frances, his law firm, and their Karissa LLC company.
With still no verdict, U.S. District Court for the NMI Chief Judge Ramona V. Manglona excused the jurors at 4:45pm and ordered them to resume deliberations at 8am today, Tuesday.

Kim asserts eight claims, including three counts of Racketeer Influenced and Corrupt Organization Act. The Quichochos, the law firm, and their company Tan Dingo LLC on the other hand, are countersuing Kim for five claims.

While the RICO claims are said to be the most complicated among the 13 claims and counterclaims, Ramon Quichocho and his law firm’s claim for quantum meruit is also said to be difficult.

Ramon Quichocho and his law firm assert a claim against Kim for unpaid attorney’s fees under the theory of quantum meruit.

Quantum meruit determines the amount to be paid for services when no contract exists or when there is doubt as to the amount due for the work performed but done under circumstances when payment could be expected.

According to Manglona’s jury instructions, to prevail on the quantum meruit claim, Ramon Quichocho and his law office must prove by a preponderance of the evidence that Kim requested, by words or conduct, that Ramon Quichocho and his law firm perform legal services for the benefit of Kim.

Ramon Quichocho and his law firm must also prove by a preponderance of the evidence that they performed those services as Kim requested; that Kim has not paid them for those services; and that a reasonable value of the legal services were provided.

The Quichocho couple also filed, among the five claims, a counterclaim against Kim for interference with marital relationship.

According to the judge’s jury instructions, Ramon and Frances Quichocho most prove by a preponderance of evidence that Kim committed some wrongful conduct with either Ramon or Frances Quichocho; that there was a loss of affection or consortium between the couple; and that Kim’s behavior caused that loss.

Kim testified during trial that her then counsel, Ramon Quichocho, raped her twice in 2008 while she was on medication due to depression and anxiety. She also alleged that she, Ramon, and Frances twice had a threesome while she was drunk and under medication.

The Quichochos denied the allegations.